Notice of Final Determination of Sales at Less Than Fair Value: Coated Free Sheet Paper from the Republic of Korea, 60630-60632 [E7-21035]
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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Notices
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: October 19, 2007.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E7–20994 Filed 10–24–07; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–856]
Notice of Final Determination of Sales
at Less Than Fair Value: Coated Free
Sheet Paper from the Republic of
Korea
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: We determine that imports of
coated free sheet paper (‘‘CFS paper’’)
are being, or are likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 735 of
the Tariff Act of 1930, as amended (‘‘the
Act’’). The estimated margins of sales at
LTFV are shown in the ‘‘Final
Determination’’ section of this notice.
EFFECTIVE DATE: October 25, 2007.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (Moorim Paper Co.,
Ltd. Moorim SP Co., Ltd. and Moorim
USA Inc. (collectively, ‘‘Moorim’’);
Dennis McClure (EN Paper Mfg. Co.,
Ltd. and Shinoho USA, Inc. (collectively
‘‘EN Paper’’); and (Kyesung Paper Co.,
Ltd. and Namhan Paper Co. Ltd.
(collectively ‘‘Kyesung’’)); or Joy Zhang
(Hankuk Paper Mfg. Co., Ltd.)
(‘‘Hankuk’’), and Hansol Paper Co., Ltd.)
(‘‘Hansol’’)), AD/CVD Operations, Office
3, Import Administration–Room B–099,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–3692, (202) 482–5973, or (202) 482–
1168, respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
AGENCY:
Background
On June 4, 2007, the Department
published in the Federal Register the
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17:26 Oct 24, 2007
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preliminary determination of sales at
LTFV in the antidumping duty
investigation of CFS paper from the
Republic of Korea. See Coated Free
Sheet Paper from the Republic of Korea:
Notice of Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination,
72 FR 30766 (June 4, 2007)
(‘‘Preliminary Determination’’). Since
the Preliminary Determination, the
following events have occurred. From
July 9, 2007, through August 15, 2007,
we verified the sales and cost
questionnaire responses of Moorim, EN
Paper, Hansol, Hankuk, and Kyesung
(hereafter collectively referred to as ‘‘the
Korean respondents’’). On August 15,
27, 28, 30, and 31, and September 4,
2007, the Department issued its
verification reports. We provided the
interested parties an opportunity to
comment on the Preliminary
Determination and the Department’s
verification findings.
On June 29, 2007, the petitioner1
requested a hearing, and from July 2
through 9, 2007, the Korean respondents
also requested a hearing to discuss
issues addressed in their case and
rebuttal briefs.
On August 28, 2007, the petitioner
requested that the Department clarify
the scope of the investigation of CFS
paper from Korea and placed on the
record of this review information to
support its request.
On September 10, 2007, the
Department responded to the
petitioner’s targeting allegations that
were filed on April 26, 2007. The
petitioner alleged that Hansol targeted
sales into a region and Moorim and
Hankuk targeted specific customers. In
the Preliminary Determination, the
Department stated that although
petitioner’s allegations were timely, the
Department did not have sufficient time
to fully analyze them for purposes of the
preliminary determination. The
Department also stated that it would
fully consider this issue for purposes of
the final determination. See Preliminary
Determination 72 FR 30766, 30767.
Therefore, these allegations were
addressed after the preliminary
determination. See Memorandum to
David M. Spooner, Assistant Secretary
for Import Administration, from
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration,
regarding Antidumping Duty
Investigation of Coated Free Sheet Paper
from South Korea - Post–Preliminary
Analysis on Targeting (‘‘Post–
Preliminary Determination’’), dated
1 The petitioner in this investigation is NewPage
Corporation.
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Fmt 4703
Sfmt 4703
September 10, 2007, which is on file in
the Central Records Unit (‘‘CRU’’), room
B–099 of the main Department building.
We provided the interested parties an
opportunity to comment on the
Department’s Post–Preliminary
Determination. See also ‘‘Targeted
Dumping’’ discussion infra.
On September 12, 2007, the petitioner
filed its case brief on the scope
clarification issue. On September 14,
2007, the Korean respondents filed a
rebuttal brief on this issue. A scope
hearing was held on September 26,
2007. The hearing comprised a public
session, a closed session for the
antidumping investigation from Korea,
and a closed session for the
countervailing duty investigation from
the People’s Republic of China.
On September 17, 2007, the petitioner
and the Korean respondents submitted
case briefs. On September 24, 2007, both
the petitioner and the Korean
respondents submitted rebuttal briefs.
On September 25, 2007, a closed
hearing was held at the Department.
Targeted Dumping
We find that there is a pattern of
export prices for comparable
merchandise that differs significantly
among purchasers and regions;
moreover, such differences cannot be
taken into account using the average–
to–average comparison methodology.
See section 777A(d)(1)(B) of the Tariff
Act of 1930, as amended (the Act).
Accordingly, we used the transaction–
to–average methodology for these sales.
In the Post–Preliminary
Determination, the Department
employed the average–to–average
comparison methodology used in the
Preliminary Determination for non–
targeted sales. See Post–Preliminary
Determination; see also, Preliminary
Determination, 72 FR 30766, 30768. As
required by section 777A(d)(1)(B) of the
Act, we determined that the pattern of
price differences could not be taken into
account using the average–to–average
comparison methodology for targeted
sales because that methodology, by
averaging the high prices with the low
prices, has the effect of masking the
extent of sales at LTFV. Thus, consistent
with 19 CFR 351.414(f)(2), we limited
our application of the average–to–
transaction methodology to the targeted
sales under 19 CFR 351.414(f)(1).
When calculating a respondent’s
specific weighted–average margin, we
combined the margin calculated for the
targeted sales using the average–to–
transaction methodology with the
margin calculated for the non–targeted
sales using the average–to-average
methodology. In combining the margins
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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Notices
for the targeted and non–targeted U.S.
sales databases, we have not offset any
margins found among the targeted U.S.
sales. We have adopted the
methodology established in the Post–
Preliminary Determination for purposes
of our final determination.
Period of Investigation
The period of investigation (‘‘POI’’) is
October 1, 2005, through September 30,
2006. This period corresponds to the
four most recent fiscal quarters prior to
the month of the filing of the petition.
mstockstill on PROD1PC66 with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by the parties
to this investigation are addressed in the
‘‘Issues and Decision Memorandum’’
(‘‘Decision Memo’’) from Stephen J.
Claeys, Deputy Assistant Secretary for
Import Administration, to David M.
Spooner, Assistant Secretary for Import
Administration, dated October 17, 2007,
which is hereby adopted by this notice.
A list of the issues that parties have
raised and to which we have responded,
all of which are in the Decision Memo,
is attached to this notice as an
appendix. Parties can find a complete
discussion of all issues raised in this
investigation, and the corresponding
recommendations in this public
memorandum, on file in the CRU. In
addition, a complete version of the
Decision Memo can be accessed directly
on the Web at https://ia.ita.doc.gov/frn.
The paper copy and electronic version
of the Decision Memo are identical in
content.
Scope of Investigation
The merchandise covered by this
investigation includes coated free sheet
paper and paperboard of a kind used for
writing, printing or other graphic
purposes. Coated free sheet paper is
produced from not–more–than 10
percent by weight mechanical or
combined chemical/mechanical fibers.
Coated free sheet paper is coated with
kaolin (China clay) or other inorganic
substances, with or without a binder,
and with no other coating. Coated free
sheet paper may be surface–colored,
surface–decorated, printed (except as
described below), embossed, or
perforated. The subject merchandise
includes single– and double–side–
coated free sheet paper; coated free
sheet paper in both sheet or roll form;
and is inclusive of all weights,
brightness levels, and finishes. The
terms ‘‘wood free’’ or ‘‘art’’ paper may
also be used to describe the imported
product.
Excluded from the scope are: (1)
coated free sheet paper that is imported
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17:26 Oct 24, 2007
Jkt 214001
printed with final content printed text
or graphics; (2) base paper to be
sensitized for use in photography; and
(3) paper containing by weight 25
percent or more cotton fiber.
Coated free sheet paper is classifiable
under subheadings 4810.13.1900,
4810.13.2010, 4810.13.2090,
4810.13.5000, 4810.13.7040,
4810.14.1900, 4810.14.2010,
4810.14.2090, 4810.14.5000,
4810.14.7040, 4810.19.1900,
4810.19.2010, and 4810.19.2090 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
investigation is dispositive.
Scope Comments
On August 20, August 28, and
September 10, 2007, the petitioner
requested that the Department clarify
the scope of the antidumping and
countervailing duty investigations of
CFS paper from Indonesia, Korea and
the People’s Republic of China.
Specifically, the petitioner asked the
Department to ‘‘clarify that the scope of
the investigation includes coated free
sheet paper containing hardwood
BCTMP.’’
Because this was a general issue
pertaining to all six investigations, the
Department set up a general issues file
to handle this scope request. After
considering the comments submitted by
the parties to these investigations, we
have determined not to adopt the scope
clarification sought by the petitioner.
See Memorandum to Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, entitled ‘‘Scope
Clarification Request: NewPage
Corporation’’ dated concurrently with
this notice, which is appended to
‘‘Issues and Decision Memorandum for
the Final Determination in the
Countervailing Duty Investigation of
Coated Free Sheet Paper from the
People’s Republic of China.’’
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we have made certain
changes to the margin calculations for
the Korean Respondents. For a
discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Decision Memo.
Verification
As provided in section 782(i) of the
Act, we verified the sales and cost
information submitted by the Korean
respondents for use in our final
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determination. We used standard
verification procedures including an
examination of relevant accounting and
production records, and original source
documents provided by the Korean
respondents. Our sales and cost
verification results are outlined in
separate verification reports. See August
27, 28, and 31, 2007, and September 4,
2007, cost verification reports, and
August 15, 30, and 31, 2007, sales
verification reports for the Korean
respondents.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we are directing
U.S. Customs and Border Protection
(‘‘CBP’’) to continue to suspend
liquidation of all imports of subject
merchandise with the exception of those
exported by Hansol, Moorim, and
Hankuk, that are entered or withdrawn
from warehouse, for consumption on or
after June 4, 2007, the date of
publication of the preliminary
determination in the Federal Register.
We will instruct CBP to continue to
require a cash deposit or the posting of
a bond for all companies for which we
have calculated an above de minimis
margin based on the estimated
weighted–average dumping margins
shown below. The suspension of
liquidation instructions will remain in
effect until further notice.
Final Determination Margins
We determine that the following
weighted–average dumping margins
exist for the period October 1, 2005,
thorough September 30, 2006:
Manufacturer/Exporter
Hansol ...........................
Hankuk ..........................
Moorim ..........................
EN Paper ......................
Kyesung ........................
All Others ......................
Weighted Average
Margin (percent)
0.97 (de minimis)
0.47 (de minimis)
1.05 (de minimis)
12.31
31.55
18.70
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘All Others’’
rate shall be an amount equal to the
weighted average of the estimated
weighted–average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Notices
this proceeding in accordance with 19
CFR 351.224(b).
International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we have notified the ITC of our
final determination. As our final
determination is affirmative, the ITC
will determine within 45 days whether
imports of the subject merchandise are
causing material injury, or threat of
material injury, to the industry in the
United States. If the ITC determines that
material injury or threat of injury does
not exist, the proceeding will be
terminated and all securities posted will
be refunded or canceled. If the ITC
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Return or Destruction of Proprietary
Information
This notice will serve as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation. We are
issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i) of the
Act.
Dated: October 17, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
A. General Comments
Targeting
mstockstill on PROD1PC66 with NOTICES
Comment 9: Application of Partial Facts
Available to Hansol, Moorim, and
Hankuk’s Total Cost of Manufacture
Comment 10: Differences in
Merchandise Were Not Verified
B. Company–Specific Comments
Hansol
Comment 1: Treatment of Constructed
Export Price (CEP) Offset
Comment 2: Treatment of Indirect
Selling Expenses Incurred in Korea
(DINDIRSU)
Comment 3: Treatment of Missing U.S.
Payment Dates
Comment 4: Treatment of U.S.
Repacking
Comment 5: Adjustment of Hansol’s
Reported U.S. Rebates
Comment 6: Production Quantities Were
Not Verified
Comment 7: General and Administrative
Expense Rate
Comment 8: Financial Expense Rate
Kyesung
Comment 9: Price Adjustment Related
to the U.S. Price
Comment 10: Request to Apply Partial
Adverse Facts Available
Moorim
Hankuk
Comments
Comment 1: Standard and Appropriate
Statistical Techniques
Comment 2: Validity of Certain Pasta
from Italy
Comment 3: Statistical Significance
Requirement
Comment 4: Whether the Average–to–
Average Method Can Account for
Targeted Dumping
Comment 5: Statutory Application of
Transaction–to–Transaction
Methodology
17:26 Oct 24, 2007
Cost of Production
Comment 11: Moorim’s Pulp Costs
Remain Unexplained
Appendix—Issues in Decision Memo
VerDate Aug<31>2005
Comment 6: Discretionary Application
of Transaction–to–Transaction
Methodology
Comment 7: Margin Calculation of
Targeted and Non–Targeted Sales
Comment 8: Proposed Transaction–to–
Transaction Margin Program
Jkt 214001
Comment 12: Timeliness of Targeted
Dumping Allegation concerning Hankuk
Paper
Comment 13: Standard Costs for
Hankuk
EN Paper
Comment 14: Credit Balance for Bad
Debt Allowance
[FR Doc. E7–21035 Filed 10–24–07; 8:45 am]
BILLING CODE 3510–DS–S
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DEPARTMENT OF COMMERCE
International Trade Administration
A–570–906
Final Determination of Sales at Less
Than Fair Value: Coated Free Sheet
Paper from the People’s Republic of
China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 25, 2007.
SUMMARY: On June 4, 2007, the
Department of Commerce (the
‘‘Department’’) published its
preliminary determination of sales at
less than fair value (‘‘LTFV’’) in the
antidumping investigation of coated free
sheet paper (‘‘CFS’’) from the People’s
Republic of China (‘‘PRC’’). The period
of investigation (‘‘POI’’) is April 1, 2006,
through September 30, 2006. We invited
interested parties to comment on our
preliminary determination of sales at
LTFV. Based on our analysis of the
comments we received, we have made
changes to our calculations for the
mandatory respondents. The final
dumping margins for this investigation
are listed in the ‘‘Final Determination
Margins’’ section below.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok or Drew Jackson, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4162 and 482–
4406, respectively.
AGENCY:
Final Determination
We determine that CFS from the PRC
is being, or is likely to be, sold in the
United States at LTFV as provided in
section 735 of the Tariff Act of 1930, as
amended (‘‘the Act’’). The estimated
margins of sales at LTFV are shown in
the ‘‘Final Determination Margins’’
section of this notice.
SUPPLEMENTARY INFORMATION:
Background
The Department published its
preliminary determination of sales at
LTFV on June 4, 2007. See Preliminary
Determination of Sales at Less Than
Fair Value: Coated Free Sheet Paper
from the People’s Republic of China, 72
FR 30758 (June 4, 2007) (‘‘Preliminary
Determination’’). Between June 18,
2007, and July 13, 2007, the Department
conducted verifications of the collapsed
entity Gold East Co. Ltd.(Gold East
Paper (Jiangsu) Co. Ltd., Gold Hua
Sheng Paper (Suzhou Industry Park) Co.
Ltd., and China Union (Macao
E:\FR\FM\25OCN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Notices]
[Pages 60630-60632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21035]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-856]
Notice of Final Determination of Sales at Less Than Fair Value:
Coated Free Sheet Paper from the Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: We determine that imports of coated free sheet paper (``CFS
paper'') are being, or are likely to be, sold in the United States at
less than fair value (``LTFV''), as provided in section 735 of the
Tariff Act of 1930, as amended (``the Act''). The estimated margins of
sales at LTFV are shown in the ``Final Determination'' section of this
notice.
EFFECTIVE DATE: October 25, 2007.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Moorim Paper Co.,
Ltd. Moorim SP Co., Ltd. and Moorim USA Inc. (collectively,
``Moorim''); Dennis McClure (EN Paper Mfg. Co., Ltd. and Shinoho USA,
Inc. (collectively ``EN Paper''); and (Kyesung Paper Co., Ltd. and
Namhan Paper Co. Ltd. (collectively ``Kyesung'')); or Joy Zhang (Hankuk
Paper Mfg. Co., Ltd.) (``Hankuk''), and Hansol Paper Co., Ltd.)
(``Hansol'')), AD/CVD Operations, Office 3, Import Administration-Room
B-099, International Trade Administration, U.S. Department of Commerce,
14th Street and Constitution Avenue, NW., Washington, DC 20230;
telephone: (202) 482-3692, (202) 482-5973, or (202) 482-1168,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2007, the Department published in the Federal Register
the preliminary determination of sales at LTFV in the antidumping duty
investigation of CFS paper from the Republic of Korea. See Coated Free
Sheet Paper from the Republic of Korea: Notice of Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 72 FR 30766 (June 4, 2007) (``Preliminary
Determination''). Since the Preliminary Determination, the following
events have occurred. From July 9, 2007, through August 15, 2007, we
verified the sales and cost questionnaire responses of Moorim, EN
Paper, Hansol, Hankuk, and Kyesung (hereafter collectively referred to
as ``the Korean respondents''). On August 15, 27, 28, 30, and 31, and
September 4, 2007, the Department issued its verification reports. We
provided the interested parties an opportunity to comment on the
Preliminary Determination and the Department's verification findings.
On June 29, 2007, the petitioner\1\ requested a hearing, and from
July 2 through 9, 2007, the Korean respondents also requested a hearing
to discuss issues addressed in their case and rebuttal briefs.
---------------------------------------------------------------------------
\1\ The petitioner in this investigation is NewPage Corporation.
---------------------------------------------------------------------------
On August 28, 2007, the petitioner requested that the Department
clarify the scope of the investigation of CFS paper from Korea and
placed on the record of this review information to support its request.
On September 10, 2007, the Department responded to the petitioner's
targeting allegations that were filed on April 26, 2007. The petitioner
alleged that Hansol targeted sales into a region and Moorim and Hankuk
targeted specific customers. In the Preliminary Determination, the
Department stated that although petitioner's allegations were timely,
the Department did not have sufficient time to fully analyze them for
purposes of the preliminary determination. The Department also stated
that it would fully consider this issue for purposes of the final
determination. See Preliminary Determination 72 FR 30766, 30767.
Therefore, these allegations were addressed after the preliminary
determination. See Memorandum to David M. Spooner, Assistant Secretary
for Import Administration, from Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, regarding Antidumping Duty
Investigation of Coated Free Sheet Paper from South Korea - Post-
Preliminary Analysis on Targeting (``Post-Preliminary Determination''),
dated September 10, 2007, which is on file in the Central Records Unit
(``CRU''), room B-099 of the main Department building. We provided the
interested parties an opportunity to comment on the Department's Post-
Preliminary Determination. See also ``Targeted Dumping'' discussion
infra.
On September 12, 2007, the petitioner filed its case brief on the
scope clarification issue. On September 14, 2007, the Korean
respondents filed a rebuttal brief on this issue. A scope hearing was
held on September 26, 2007. The hearing comprised a public session, a
closed session for the antidumping investigation from Korea, and a
closed session for the countervailing duty investigation from the
People's Republic of China.
On September 17, 2007, the petitioner and the Korean respondents
submitted case briefs. On September 24, 2007, both the petitioner and
the Korean respondents submitted rebuttal briefs. On September 25,
2007, a closed hearing was held at the Department.
Targeted Dumping
We find that there is a pattern of export prices for comparable
merchandise that differs significantly among purchasers and regions;
moreover, such differences cannot be taken into account using the
average-to-average comparison methodology. See section 777A(d)(1)(B) of
the Tariff Act of 1930, as amended (the Act). Accordingly, we used the
transaction-to-average methodology for these sales.
In the Post-Preliminary Determination, the Department employed the
average-to-average comparison methodology used in the Preliminary
Determination for non-targeted sales. See Post-Preliminary
Determination; see also, Preliminary Determination, 72 FR 30766, 30768.
As required by section 777A(d)(1)(B) of the Act, we determined that the
pattern of price differences could not be taken into account using the
average-to-average comparison methodology for targeted sales because
that methodology, by averaging the high prices with the low prices, has
the effect of masking the extent of sales at LTFV. Thus, consistent
with 19 CFR 351.414(f)(2), we limited our application of the average-
to-transaction methodology to the targeted sales under 19 CFR
351.414(f)(1).
When calculating a respondent's specific weighted-average margin,
we combined the margin calculated for the targeted sales using the
average-to-transaction methodology with the margin calculated for the
non-targeted sales using the average-to-average methodology. In
combining the margins
[[Page 60631]]
for the targeted and non-targeted U.S. sales databases, we have not
offset any margins found among the targeted U.S. sales. We have adopted
the methodology established in the Post-Preliminary Determination for
purposes of our final determination.
Period of Investigation
The period of investigation (``POI'') is October 1, 2005, through
September 30, 2006. This period corresponds to the four most recent
fiscal quarters prior to the month of the filing of the petition.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by the
parties to this investigation are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memo'') from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, dated October
17, 2007, which is hereby adopted by this notice. A list of the issues
that parties have raised and to which we have responded, all of which
are in the Decision Memo, is attached to this notice as an appendix.
Parties can find a complete discussion of all issues raised in this
investigation, and the corresponding recommendations in this public
memorandum, on file in the CRU. In addition, a complete version of the
Decision Memo can be accessed directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the
Decision Memo are identical in content.
Scope of Investigation
The merchandise covered by this investigation includes coated free
sheet paper and paperboard of a kind used for writing, printing or
other graphic purposes. Coated free sheet paper is produced from not-
more-than 10 percent by weight mechanical or combined chemical/
mechanical fibers. Coated free sheet paper is coated with kaolin (China
clay) or other inorganic substances, with or without a binder, and with
no other coating. Coated free sheet paper may be surface-colored,
surface-decorated, printed (except as described below), embossed, or
perforated. The subject merchandise includes single- and double-side-
coated free sheet paper; coated free sheet paper in both sheet or roll
form; and is inclusive of all weights, brightness levels, and finishes.
The terms ``wood free'' or ``art'' paper may also be used to describe
the imported product.
Excluded from the scope are: (1) coated free sheet paper that is
imported printed with final content printed text or graphics; (2) base
paper to be sensitized for use in photography; and (3) paper containing
by weight 25 percent or more cotton fiber.
Coated free sheet paper is classifiable under subheadings
4810.13.1900, 4810.13.2010, 4810.13.2090, 4810.13.5000, 4810.13.7040,
4810.14.1900, 4810.14.2010, 4810.14.2090, 4810.14.5000, 4810.14.7040,
4810.19.1900, 4810.19.2010, and 4810.19.2090 of the Harmonized Tariff
Schedule of the United States (HTSUS). While HTSUS subheadings are
provided for convenience and customs purposes, our written description
of the scope of this investigation is dispositive.
Scope Comments
On August 20, August 28, and September 10, 2007, the petitioner
requested that the Department clarify the scope of the antidumping and
countervailing duty investigations of CFS paper from Indonesia, Korea
and the People's Republic of China. Specifically, the petitioner asked
the Department to ``clarify that the scope of the investigation
includes coated free sheet paper containing hardwood BCTMP.''
Because this was a general issue pertaining to all six
investigations, the Department set up a general issues file to handle
this scope request. After considering the comments submitted by the
parties to these investigations, we have determined not to adopt the
scope clarification sought by the petitioner. See Memorandum to Stephen
J. Claeys, Deputy Assistant Secretary for Import Administration,
entitled ``Scope Clarification Request: NewPage Corporation'' dated
concurrently with this notice, which is appended to ``Issues and
Decision Memorandum for the Final Determination in the Countervailing
Duty Investigation of Coated Free Sheet Paper from the People's
Republic of China.''
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we have made certain changes to the margin calculations
for the Korean Respondents. For a discussion of these changes, see the
``Margin Calculations'' section of the Decision Memo.
Verification
As provided in section 782(i) of the Act, we verified the sales and
cost information submitted by the Korean respondents for use in our
final determination. We used standard verification procedures including
an examination of relevant accounting and production records, and
original source documents provided by the Korean respondents. Our sales
and cost verification results are outlined in separate verification
reports. See August 27, 28, and 31, 2007, and September 4, 2007, cost
verification reports, and August 15, 30, and 31, 2007, sales
verification reports for the Korean respondents.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all imports of subject merchandise with the
exception of those exported by Hansol, Moorim, and Hankuk, that are
entered or withdrawn from warehouse, for consumption on or after June
4, 2007, the date of publication of the preliminary determination in
the Federal Register. We will instruct CBP to continue to require a
cash deposit or the posting of a bond for all companies for which we
have calculated an above de minimis margin based on the estimated
weighted-average dumping margins shown below. The suspension of
liquidation instructions will remain in effect until further notice.
Final Determination Margins
We determine that the following weighted-average dumping margins
exist for the period October 1, 2005, thorough September 30, 2006:
------------------------------------------------------------------------
Weighted Average
Manufacturer/Exporter Margin (percent)
------------------------------------------------------------------------
Hansol.............................................. 0.97 (de minimis)
Hankuk.............................................. 0.47 (de minimis)
Moorim.............................................. 1.05 (de minimis)
EN Paper............................................ 12.31
Kyesung............................................. 31.55
All Others.......................................... 18.70
------------------------------------------------------------------------
Section 735(c)(5)(A) of the Act provides that the estimated ``All
Others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero and de
minimis margins, and any margins determined entirely under section 776
of the Act.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in
[[Page 60632]]
this proceeding in accordance with 19 CFR 351.224(b).
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we have notified the
ITC of our final determination. As our final determination is
affirmative, the ITC will determine within 45 days whether imports of
the subject merchandise are causing material injury, or threat of
material injury, to the industry in the United States. If the ITC
determines that material injury or threat of injury does not exist, the
proceeding will be terminated and all securities posted will be
refunded or canceled. If the ITC determines that such injury does
exist, the Department will issue an antidumping duty order directing
CBP to assess antidumping duties on all imports of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the effective date of the suspension of liquidation.
Return or Destruction of Proprietary Information
This notice will serve as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation. We
are issuing and publishing this determination and notice in accordance
with sections 735(d) and 777(i) of the Act.
Dated: October 17, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memo
Comments
A. General Comments
Targeting
Comment 1: Standard and Appropriate Statistical Techniques
Comment 2: Validity of Certain Pasta from Italy
Comment 3: Statistical Significance Requirement
Comment 4: Whether the Average-to-Average Method Can Account for
Targeted Dumping
Comment 5: Statutory Application of Transaction-to-Transaction
Methodology
Comment 6: Discretionary Application of Transaction-to-Transaction
Methodology
Comment 7: Margin Calculation of Targeted and Non-Targeted Sales
Comment 8: Proposed Transaction-to-Transaction Margin Program
Cost of Production
Comment 9: Application of Partial Facts Available to Hansol, Moorim,
and Hankuk's Total Cost of Manufacture
Comment 10: Differences in Merchandise Were Not Verified
B. Company-Specific Comments
Hansol
Comment 1: Treatment of Constructed Export Price (CEP) Offset
Comment 2: Treatment of Indirect Selling Expenses Incurred in Korea
(DINDIRSU)
Comment 3: Treatment of Missing U.S. Payment Dates
Comment 4: Treatment of U.S. Repacking
Comment 5: Adjustment of Hansol's Reported U.S. Rebates
Comment 6: Production Quantities Were Not Verified
Comment 7: General and Administrative Expense Rate
Comment 8: Financial Expense Rate
Kyesung
Comment 9: Price Adjustment Related to the U.S. Price
Comment 10: Request to Apply Partial Adverse Facts Available
Moorim
Comment 11: Moorim's Pulp Costs Remain Unexplained
Hankuk
Comment 12: Timeliness of Targeted Dumping Allegation concerning Hankuk
Paper
Comment 13: Standard Costs for Hankuk
EN Paper
Comment 14: Credit Balance for Bad Debt Allowance
[FR Doc. E7-21035 Filed 10-24-07; 8:45 am]
BILLING CODE 3510-DS-S
